Same-sex marriage

===Judicial and legislative===
{{Main|Conflict of marriage laws#Same-sex marriage}}
There are differing positions regarding the manner in which same-sex marriage has been introduced into democratic jurisdictions. A "[[direct democracy|majority rules]]" position holds that same-sex marriage is valid, or void and illegal, based upon whether it has been accepted by a simple majority of voters or of their elected representatives.<ref name="USA Today">{{Cite news |last=Leff |first=Lisa |date=4 December 2008 |title=Poll: Calif. gay marriage ban driven by religion |work=USA Today |agency=Associated Press |url=https://www.usatoday.com/news/religion/2008-12-04-gay-poll_N.htm |archive-url=https://web.archive.org/web/20081208080418/http://www.usatoday.com/news/religion/2008-12-04-gay-poll_N.htm |archive-date=8 December 2008}} archived here.</ref>

In contrast, a [[civil rights]] view holds that the institution can be validly created through the ruling of an impartial judiciary carefully examining the questioning and finding that the right to marry regardless of the gender of the participants is guaranteed under the civil rights laws of the jurisdiction.<ref name="bbc">{{Cite news |last=Mirchandani, Rajesh |date=12 November 2008 |title=Divisions persist over gay marriage ban |work=BBC News |url=http://news.bbc.co.uk/2/hi/americas/7723645.stm |url-status=live |access-date=18 December 2008 |archive-url=https://web.archive.org/web/20140428173747/http://news.bbc.co.uk/2/hi/americas/7723645.stm |archive-date=28 April 2014}}</ref>